Joint Petition Divorce in Reno

If you need a divorce in Nevada, a joint petition may be a good place to start. 

Joint Petition Divorces in Nevada

Agreeing on divorce parameter as spouses make the whole divorce process simpler and faster in Reno. Sometimes you may not even need a family lawyer. Your divorce papers detailed or not ought to act in accordance with Reno NV divorce law. Uncontested divorce cases require the services of an uncontested divorce lawyer. This will help prevent future problems that arise from mistakes made in uncontested divorce cases.

Why you need help in uncontested divorce case

You are likely to pay a high price for the slightest mistake in an uncontested divorce case in the future. This is why it is imperative to make right decisions in regard to child support, child custody among others. The terms should be fair and acceptable by both of you and in accordance to Reno NV divorce law of course.

Don’t underrate any of the agreements or assume that it is not necessary to formalize them on grounds that you trust your ex-spouse to be. Remember that you are only sure about today and tomorrow is always a mystery. Here are the things you should not joke around with during the uncontested divorce case;

• Your children; at least hire a family lawyer to provide you with a clear and all-inclusive parenting plans. A lawyer will help you understand your responsibilities and rights when it comes to your children `
• Property division; in as much your spouse has no objection, it is important to include an attorney who will help you on debt and asset sharing during the divorce. This entails valuing assets, for instance, real estate, retirement benefits as well as business.
• Alimony; taking time during the divorce, in order to come up with alimony terms is worth the wait. This entails the amount of money to be sent and when as it prevents future dispute.

In Nevada, an uncontested divorce law requires that spouses create a complete divorce settlement that suits all the needs of the spouses.

Understand the process of filing a joint petition

Here are some of the crucial issues on which both parties are supposed to agree in a joint petition.

• Reasons for divorce
• In case of children under age 18, there should be agreement on child custody, child support, medical insurance, visitation and the holiday schedule.
• Community property and debt division.
• Alimony condition

During the divorce process, at least you should include a third party. Such an individual will be a witness of a complete divorce process and see to it that you have all signed the agreements.

A joint divorce petition should be filed in the court within your country. Your petition packet ought to entail the following divorce joint petition; resident witness affidavit, the cover sheet and a Child Welfare Identification Sheet in cases where the couple has kids.

After that, you people should give the judge handling your case a copy of the filed documents as well as original divorce decree.

Divorce decree should have the agreements of the parties in regard to child's support, visitation, division of property and debts, alimony and custody.

The divorce decree should only be filed after bearing the judge's signature. After it is signed by the judge, go ahead and file with the clerk at your nearest court.

Finally, uncontested divorce cases are less stressful though you need to do everything right and within Reno Nevada uncontested divorce laws.

Call today for a free Family Law case evaluation. 775-386-2226 

Drunk Driving Charges and Penalties

For anyone who took the Nevada drivers test, the Blood Alcohol Content (BAC) limit should not be a surprise. The BAC limit is .08% for 21 years and older and .02% for those under 21 years old.

Beware. Alcohol is not the only substance to be cautious of. Drivers can be arrested and convicted if operating a vehicle after consuming other intoxicants like marijuana and cocaine. Whether you or a family member were driving under the influence (DUI) or driving while intoxicated/impaired (DWI), these are serious offences. In Nevada, drunk driving is the largest cause of motor vehicle fatalities.

Nevada laws are strict on drunk driving.

 

First Offense

Drivers over 21 years old and arrested of a DUI/DWI are likely facing criminal charges. The first offense DUI/DWI is a Misdemeanor. The driver will likely spend two days to six months in jail, pay up to $1000 fine, and be subject to community service hours. Additionally, if the driver is convicted of DUI or DWI their life will change in the following ways:

-          Their driver’s license will be revoked for 90 days

-          The driver will have to pay for and attend DUI school

-          They may be required to undergo a treatment program

Second Offense

If the second offense occurs within seven years, the DUI/DWI will be treated as a Misdemeanor. The driver will spend anywhere from ten days to six months behind bars and owe a $1000 fine. Additionally, if the driver is convicted of a second DUI or DWI the following is likely to occur:

-          Their driver’s license will be revoked for one year

-          The driver will be required to complete 100-200 hours of community service within a period set by the Court

-          The driver will have to pay for and attend DUI school

-          They may be required to undergo a supervised treatment program for up to one year

Third Offense

The third and any subsequent offenses are treated as a Class B Felony. This would result in imprisonment for a minimum of one year to six years. In addition to a $2000-$5000 fine, the third (or more) offense will result in:

-          A revoked driver’s license for three years

-          Suspended vehicle registration

-          Community Service hours

-          A three-year treatment program

Note: In some cases, convicted drivers may be eligible for a Restricted License for the sole purposes of getting to work and picking up children. 

Nevada DUI Attorney

If children are present in the vehicle or an accident or injury occurred while driving under the influence, you may be hit with the maximum penalties.  If you have been charged with a DUI or DWI get help from a DUI/DWI attorney. Attorney Mathew Work is a former criminal prosecutor and can help you fight a DUI/DWI charge.

Children's Online Bullying is a Crime

It’s no secret we were raised in a different world than our kids. Children are often introduced to technology before using full sentences. By time they reach kindergarten, some children are more skilled on their iPad’s and Surface’s than their grandparents. What starts off as an innocent entertainment device, may be a vehicle for bullies to harass or humiliate other students in the middle school and high school years.

In Nevada, Cyberbullying is Defined as Bullying Committed through the use of Electronic Communication.

 

Examples of cyberbullying include:

-          Creating a hostile environment which interferes with the victim’s education

-          Exposing humiliating acts of the victim online

-          Poses a threat of immediate harm to the victim or to the property of another person through email, text message, social media, etc.

-          Hacking social media sites and posting embarrassing video, photo or text

Is your child the victim of cyberbullying?

Help for Victims

Bullying, through electronic means or not, can have long-term emotional effects on victims. If your child is a victim of bullying, seek help. File a complaint at the student’s school. Washoe County schools create a safety plan for each student directly involved and will contact the parents with an update. You can also go to bullyfreezone.nv.gov to report an incident and learn more.

Was your child cyberbullying another?

Depending on the act of cyberbullying, a person can be charged with one of the following crimes:

-          Civil right violation

-          Criminal harassment

-          Terroristic threats

-          Domestic Violence

If the offender is under 18 years old, he or she may be charged in juvenile court. If the offender is over 18 years old, the case may be treated as a misdemeanor. 

Nevada Family Law Attorney

While Nevada considers Cyberbullying a crime, there is potential conflict with the First Amendment. If harassing behavior is causing the victim to endure emotional stress, retain an attorney experienced in criminal law and First Amendment rights.  

Is Your Child Old Enough to Stay Home?

It’s not uncommon for children to stay home alone. Some reasons are outside the parent’s control, and sometimes out of neglect. There are both safety and legal reasons parents should consider before leaving their children home unsupervised. 

Legal Minimum Age to be Unsupervised

Most states (including Nevada) do not have a state law specifying the minimum age a child can be left home alone. However, Reno municipal code states “It shall be unlawful for any person who is a parent or guardian, or for any person who has been entrusted by a parent or guardian, to fail to supervise and attend a child or children under the age of ten years” (Reno Muni Code, Sec. 8.16.060). Children under ten cannot be left unattended at home in Reno city limits. It’s important to note, no two children are alike in cognitive ability and maturity at ten years old either. 

Safety First

Overall safety, including location and circumstance should be considered when determining if your child is old enough.  Parents should consider the following factors before leaving a child unsupervised for any length of time:

-          The child’s age and maturity level

-          The child’s ability to follow instruction

-          The time of day and length of time

-          Whether or not other children will be left alone with the eldest child

-          The safety of the home and the neighborhood

-          Neighbor support for emergencies

Risk of Neglect

Abuse or neglect of a child occurs when a guardian has either abandoned that child or deprived him/her of proper supervisions, protection, food, education, medical care or other well-being necessities. If you suspect child neglect, contact Child Protective Services.

Contact a Nevada Family Lawyer

Your child’s safety is always paramount. Call Work Law if you are concerned about the protections of your child.

The Nevada Divorce Process

Separating from your spouse is not an easy decision. It doesn’t help when a couple cannot reach a joint agreement about their assets, alimony, and child custody. It’s likely the Nevada Family Court will make decisions about finances and child custody. We have already explained why it is imperative to seek advice from a family law attorney before a court appearance, and in this article, we will describe the divorce process.

Filing a Divorce Compliant

First, an individual must file for divorce with the District Clerk in the county where one or both the individuals reside. Nevada law requires one party to be a state resident for a minimum of six weeks before the application is submitted. The plaintiff is the individual filing the complaint for divorce and the defendant is the other party receiving the compliant. The application will include the reason for divorce.  Typical reasons for divorce like incompatibility and non-cohabitation are considered a “no fault” divorce.

Dividing Community Property

Second, property and assets will be divided. Since Nevada is a Community Property state, the assets and any debts acquired during the marriage will be divided evenly between both parties. Should both parties not agree on how to share property, the Family Court will assist.

Determining Alimony

Third, the Court will decide if alimony (or spousal support) will be paid by one of the individuals to the other. This is determined by an appraisal of earnings and financial resource, but is done so on a case-by-case basis.

Child Custody and Child Support

Lastly, if children are involved, the Court will make child custody decisions in the best interested of the child if the parents were unable to reach an amicable agreement. Depending on the child custody arrangement, the Court will decide who and at how much child support will be paid to the parent with primary physical custody.

 

Seek Skilled Legal Representation

Of course, no two divorces are the same. The Family Court will make decisions that will impact your life and your children’s life after divorce. Meet with a skilled attorney - one that is strategic, confident, and accessible because your future depends on it.

Child Custody in Nevada

Whether a couple is ending their marriage or are no longer together and have children, their children’s needs are top priority. Child custody, or legal guardianship, is the legal and practical relationship between the parent and the children.

Nevada law recognizes two types of child custody: legal and physical.

·       Legal custody is the parent’s right to make major life decisions, like which school to attend and which religion to practice. Often, parents will share custody through a joint legal custody arrangement. However, other scenarios require sole legal custody, where one parent will make major decisions for the children because the other parent does not have the capacity to care or adequately protect them.

·       Physical custody refers to where the children will live and the length of time they will spend with each parent. Joint physical custody arrangements occur when parents have the same responsibilities and the same amount of time with their children. Primary physical custody, on the other hand, means that the children will mainly live with one parent and will likely have visitation with the other parent. 

Child custody issues are extremely delicate. Having to share time with children is emotional and often hard to comprehend. Parents need support through this process. In most cases, parents will reach an agreement before the case goes to trial, but if an agreement cannot be met the court will decide legal and physical custody.

Parental Rights

In Nevada, neither parent has more of a right to custody than the other parent, although the state prefers joint physical custody when both parents are equally capable of caring for the children. The Nevada family court system makes decisions based on the best interest of the child. It considers the child’s well-being, like safety and emotional needs, as well as the parent’s communication style and parenting skills.

Child Custody Attorney

If you are entering into a child custody case, we are here to help. Our team has helped others secure their rights. Contact our office to schedule a free consultation. We look forward to understanding your case and helping you find a resolution in the best interest of your family.  Our office may be reached at (775) 386-2226. 

Why You Shouldn’t Represent Yourself in a Divorce

Legal Representation

You may be considering representing yourself in a divorce. Perhaps you and your spouse are on good terms and want to divorce as amicably as possible. However, representing yourself may be more expensive and take longer than expected. Here are the top reasons why self-representation is a bad idea.

1.       Those who represent themselves tend to give up rights they were not aware they had.

2.       Individuals are not always prepared for curve balls that arise mid-way through divorce.

3.       Your divorce may end up in court, adding even more time, confusion, and complexity to the process which ends up costing more than attorney's fees. 

4.       Typically, those who represent themselves in court reach unfavorable outcomes by the Court because they do not communicate effectively, misstate the law, and appear unprepared. 

5.       You are likely to lose perspective when trying to reach an agreement with your spouse or your spouse's attorney. 

Nevada Divorce Lawyer to Represent Your Family Needs

Divorce is emotional and its hard not to let those emotions get in the way of decision-making. We see time and time again where the spouse will change their argument and their asks halfway through the divorce process. It’s important to have an attorney who knows the law and can represent your best interests every step of the way. The outcome of divorce has long-term effects, especially with children involved. Having a legal team by your side will reduce your stress and avoid delays and mistakes throughout the process. Contact our experienced divorce attorney, Mathew Work, to learn how Work Law can help you achieve the best possible settlement. Our office may be reached at (775) 386-2226.

Prenuptial Agreement: Why you might consider it

The possibility of divorce is the last thing an engaged couple is thinking about. We get it. But there is a common misconception about prenuptial agreements that we would like to address. 

A prenuptial agreement is a contract between two parties planning to wed that describes how assets will be distributed in the event of divorce or death. The content typically includes terms for the forfeiture of assets for adultery. Other conditions of guardianship may also be included. The agreement must be fair, signed by both parties, and executed prior to the date of marriage.

Signing an agreement is a smart decision. It does not mean your marriage is destined to fail before you are wed. These agreements are designed to protect your possessions in worse-case scenarios. Couples who sign prenuptial agreements tend to feel more secure in their relationships and having an agreement was a good thing for their marriage.

 

Northern Nevada Family Law Attorney

If you are interested in learning more, our prenuptial agreement attorney is available to discuss how you might benefit from a pre-marital agreement. Each agreement is customized to cover all aspects of your finances you and your significant other are comfortable with. Contact our office today to schedule a consultation with Attorney Mathew Work. Our office may be reached through at (775) 386-2226.

Community Property in Nevada

Nevada is a Community Property State

Nevada is one of nine remaining community property states (IRS, 2017). State law recognizes all property acquired during the marriage or domestic partnership as community property. This includes physical property, mortgage, vehicles, income, stocks, savings, credit card debt, and student loans. In a divorce, the courts typically divide property equally between the parties.  This doesn’t mean all assets will be split 50/50. 

Dividing Property

When two parties divorce, their property acquired throughout the marriage is divided evenly. In other words, property is divided so that each spouse will gain half the fair market value of the asset(s) less community debts. All property obtained before the date of marriage is excluded from community property. 

Dividing property is not that simple. Property division and alimony is often determined by the judge, juries in family court, probate court, bankruptcy court, and tax court.  In some cases, one party may present evidence why a property should be excluded from community property. The court will consider when and how the item was acquired, its legal position, and reasons for disagreement among parties. 

Dividing community property during a divorce can be complicated. Contact us today to consult with our divorce attorney.

Annulment Explained

Divorce vs. Annulment

Divorce and annulment are the only two legal options to end a marriage. The difference is an annulment legally declares a marriage null and void. In other words, after the marriage or domestic partnership is annulled it is legally erased as if it never happened, allowing both parties to return to their former marital status. When marriage is annulled, spouses are not subject to community property laws. People often prefer annulment over divorce, but individuals must meet specific criteria for a judge to consider the request.

About Nevada Annulment

Nevada reviews annulment requests for cases involving fraud, incompetence and lack of capacity. While these are the most common qualifications for annulment, their legal definitions are not as straightforward. For an annulment to be granted, a spouse must present proof of fraud, incompetence, or lack of capacity. Building a strong case from the beginning is essential.

 

Reno Family LAw Attorney

Attorney Mathew Work has handled many annulments in Northern Nevada. His greatest strength is representing his client’s case at trial. Contact our office today to schedule a consultation with Work Law Firm. Our office may be reached at (775) 386-2226.